I. Activation SLA

  1. Standard: Verizon Enterpise Solutions will activate Customers Managed Email Content Service (MEC) within 45 calendar days after Verizon Enterpise Solutions receives from customer and validates a complete version of the required configuration template that includes all necessary system and Anti-Virus, Anti-UCE, and Image Control policy configuration information (as applicable).
  2. Remedy: A credit equal to 100% of the MEC Set Up fee, net of discounts and taxes, billed to Customer, for each domain for which the standard is not met.
  3. Limitations: See the General Terms provisions below.

II. Virus Scanning SLA

  1. Standard: Verizon Enterpise Solutions will detect and stop 100% of all Viruses propagated by Email which MEC is capable of scanning. (The terms Email and Virus are defined below.)
  2. Remedy: A credit equal to the lesser of (i) 100% of the monthly recurring charge for the Anti-Virus service, net of discounts and taxes, billed to Customer or (ii) $3,000.
  3. Limitations: Email means any SMTP message sent or received via MEC. "Virus" means a piece of program code, including a self-replicating element, usually (but not necessarily) disguised as something else that causes some unexpected and, for the victim, usually undesirable event and which is designed so that it may infect other computer systems. This SLA standard will be deemed not met if a Virus contained in an Email received through the Service is activated within the customers systems either automatically or with manual intervention, subject to the following. This SLA does not apply to any Virus activation related to (1) the release of any stored Virus-infected Email by customer or the transmission, at Customers request, of any Virus-infected Email to customer from Vendor secure holding pen; (2) any Viruses contained in attachments with contents which are under the direct control of the sender; (3) cases of deliberate self-infection by the customer; or (4) cases where Email is delivered to customer in a manner that bypasses Vendors scanning systems. The SLA standard will be deemed to be met if MEC detects a Virus without stopping it but Verizon Enterpise Solutions notifies Customer of the Virus so that Customer has the opportunity to stop the Virus from being activated within the Customers systems. See also the General Terms provisions below.

III. Availability SLA

  1. Standard. MEC will be available 100% of the time.
  2. Remedy. For each full percentage point below 100% that an MEC service is not available during a month, a credit equal to 1/30th of the monthly recurring charge for that MEC service.
  3. Limitations. This availability SLA does not apply to any services other than MEC, even if those services (such as Internet connectivity) are necessary for Customer to receive the benefit of MEC. MEC service will be deemed available unless, considered by itself, the MEC service was not capable of performing as described in this Service Agreements. Also see the General Terms provisions below.

IV. General Terms

  1. Overview. Verizon Enterpise Solutions will provide MEC under an Verizon Enterpise Solutions service agreement incorporating this service level agreement (SLA) by reference, in accordance with the standards and remedies set out in this MEC SLA. The term MEC SLA is used to refer collectively to all of the SLAs related to Verizon Enterpise Solutions Managed Email Content service set out in this document. Each individual standard and its related remedy is referred to by the activity to which the standard relates (e.g., Installation SLA, Virus Scanning SLA). Verizon Enterpise Solutions reserves the right to enhance or restrict the MEC SLA in whole or in part. Verizon Enterpise Solutionss website at http:// global.mci.com/terms/ contains the current MEC SLA language. In the event of a material adverse change in the MEC SLA, Customer may at its sole discretion elect to terminate the Managed Email service within 30 days of the change without penalty (unless during the notice period, Verizon Enterpise Solutions cures the material reduction).
  2. Claims. To receive a remedy under the MEC SLA, Customer must submit a completed Verizon Enterpise Solutions claim form on or before (a) the fifth business day immediately following the date on which the failure occurred. Verizon Enterpise Solutions will use trouble tickets and other appropriate Verizon Enterpise Solutions records to determine, in its sole judgment, whether it met or failed to meet the applicable standard. In no event may a Customer receive a total amount of credits for any month that exceeds the MEC monthly recurring charge for that month. The remedies provided in the MEC SLA for each standard are Customers sole remedy for any failure by Verizon Enterpise Solutions to meet the specified standard.
  3. Exclusions. No MEC SLA will apply if all the conditions for Customer to receive the remedy for that SLA have not been met (including both limitations applicable to the particular SLA and limitations applicable to all SLAs). The remedies specified in this MEC SLA are not available for any failure to meet a standard resulting from any of the following: (1) a Non-Verizon Enterpise Solutions Cause (as provided further below); (2) scheduled maintenance; (3) force majeure events beyond Verizon Enterpise Solutionss reasonable control, including but not limited to Acts of God, government regulation, labor strikes, natural disaster, and national emergency; (4) any act or omission on the part of any third party other than the LEC/PTT, as applicable; (5) interruptions not timely reported by Customer, or for which no trouble ticket was timely opened; (6) trouble tickets associated with new installations (before Customer accepts a new service) or opened for circuit monitoring purposes only (except with respect to the Installation SLA); (7) a circuit outage.

A Non-Verizon Enterpise Solutions Cause includes, without limitation, any of the following (as identified on a trouble ticket or otherwise): (a) an incomplete or inaccurate order; (b) a customer-approved change in hardware or software configuration; (c) a hardware, software or other supplier shortage; (d) incorrect or incomplete callout information provided by Customer which prevents Verizon Enterpise Solutions from completing the trouble diagnosis and service restoration; (e) Verizon Enterpise Solutions being denied access to network components at the Customer location when access is required to complete trouble shooting, repair, diagnosis, or acceptance testing; (f) Customers failure or refusal to release the circuit for testing; (g) Verizon Enterpise Solutions calling Customer to close a trouble ticket, but Customer being unavailable, or Verizon Enterpise Solutions being unable to verify service restoration with a Customer, (h) any other act or omission on the part of Customer, or (i) down time caused by the LEC/PTT local loop for periods where the LEC/PTT's maintenance support is not available, or (j) any other event beyond the reasonable control of Verizon Enterpise Solutions (Non-Verizon Enterpise Solutions Cause).